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11-18-2006 Workshop AGENDA NEW SCANDIA TOWNSHIP WORKSHOP MEETING NOVEMBER 28, 2006 7:00 P.M. 1. Call to Order by Planning Commission Chair Chris Ness 2. Review Revised Draft of Open Space Development Ordinance 3. Review Revised Draft of Woodland and Tree Preservation Ordinance 4. Mining Ordinances 5. Performance Standards for Swimming Pools 6. Definition of"Agricultural Building" 7. Additions to the Agenda 8. Adjournment New Scandia Township Minutes of Town Board/Planning Commission Workshop Meeting Tuesday,November 28,2006 The meeting was called to order by Planning Commission Chair Chris Ness at 7:00 p.m. Present were Planning Commissioners Donnette Yehle,Kevin Nickelson,Jim Malmberg,and Peter Schwarz.;Town Board Chairman Dennis Seefeldt, Supervisors Michael Hinz,Blair Joselyn and Nancy Madden. Also present: Township Attorney David Hebert,Township Administrator Anne Hurlburt and Planners Richard Thompson and Berry Farrington,TKDA. Open Space Development Ordinance Planner Dick Thompson presented the revised draft of the ordinance and asked for questions or comments. Kevin Nickelson said that he was concerned that parts of the ordinance seem to be contrary to the purpose of preserving good agricultural lands; for example,allowing golf courses&motorized trails. There was discussion on whether any open space developments have preserved agricultural land. Other than Emerald Acres,most have not. Peter Schwarz said that preserving rural character required preserving agricultural land of various types. Thompson will add "agricultural lands"to the definition of Open Space Conservation Subdivision. Jim Malmberg questioned whether the purpose statement in Section 4 of the draft ordinance should"encourage"development. It was decided to remove"development of"from that sentence,and to remove the word"possible"in the next sentence about protection of ecologically significant areas. Planner Thompson suggested a change to the draft,page 2 section 6(3) (A)to remove the reference to the 2006 price of affordable housing. This will be change to reference the definition by the Metropolitan Council for the latest year for which an affordable housing threshold has been established. Thompson stated that the references to"Open Space Development"throughout the Development Code would be changed to"Open Space Conservation Subdivision." References to township or town board will also be changed to city or city council. Thompson reviewed the evaluation of the Tii Gavo development used as a test case for the draft ordinance. There was discussion of how the point system should have been applied. Thompson pointed out that developers will be starting from a zero bonus and will need to prove they deserve the bonus,not the other way around. The second paragraph on"bonus density"will be revised to make sure that this stands out. Nancy Madden, seconded by Jim Malmberg,moved to schedule a public hearing on the ordinance at the January 9,2007 Planning Commission Meeting. Motion passed. Mining Ordinances Administrator Hurlburt explained that on January 2 the new City of Scandia will take over responsibility for regulation of mining operations,and that ordinances need to be brought up to date. Current township permits will expire March 1, and the county's five-year permit for the Tiller pit is also expiring. 1 Attorney Hebert asked if the ordinance would be based on the current township ordinances or on the county's regulations. Thompson explained that it would be an entirely new ordinance,based on both of those ordinances as well as those used in other communities. Planner Thompson explained the need for good definitions in the ordinance. The length of the permit and the process for review need to be decided. Planner Farrington reviewed the need for submittal requirements and performance standards. A traffic study would be required;this could be done by the applicant and reviewed by the city or prepared by the city and charged to the applicant. The ordinance needs to explain when environmental reviews(EAW/EIS)would be required. Peter Schwarz asked how the impact on roads would be considered. The planners explained that a performance standard could require mining sites to have access to 9-ton roads,and if not they may have to upgrade the road. The possibility of five-year permits,with annual reports and inspections was discussed. The status of the existing five-year county permits was discussed; Attorney Hebert said they could continue and the new city permit could be required when they expire. Kevin Nickelson said that most of the issues with gravel pits in the past related to groundwater, noise,air quality and trucks spilling on roadways. Inspections need to occur while pits are active. Planner Thompson said they could estimate the cost to administer the ordinance. Administrator Hurlburt said that the fees need to cover the cost of enforcement. Resident John Lindell said he had a number of suggestions for the ordinance. He was asked to contact Planner Thompson directly. Woodland and Tree Preservation Ordinance Planner Farrington reviewed the changes since the last draft. The definitions were reviewed and the lists of"primary"and"secondary"tree species were discussed. It was agreed that Amur Maple should be added to the list of invasive species; scientific names should be added for all trees; American Elm should be added; and,the definition of coniferous trees should be revised so it clearly includes tamarack. The requirements for woodland preservation plans were discussed. Item(C)2. a. will be revised to indicate that boundary lines must be"as established by a survey." It was agreed that the payment to the tree replacement fund,in lieu of planting replacement trees, should be increased from$75 per caliper inch to$100 per caliper inch,throughout the ordinance. Dennis Seefeldt moved, seconded by Nancy Madden,to schedule a public hearing on the ordinance amendment at the January 9,2007 Planning Commission meeting. Motion carried. Performance Standards for Swimming Pools The request by Pam Huberty that the township amend the development code to allow certain types of pools covers to substitute for the requirement for a fence. If the ordinance is not amended,the Hubertys will be required to install a fence for their pool. 2 After some discussion,Chair Ness asked for a show of hands of those commissioners and board members willing to consider an amendment. Five were in favor, four were opposed. It was decided to place the item on the January 9,2007 Planning Commission agenda for discussion. Staff was asked to research the building code requirements for pools. Definition of"Agricultural Building" Kevin Nickelson explained the issue,which is how the zoning regulations for the number and square footage of accessory buildings and agricultural buildings apply to parcels between 20 and 80 acres, for true agricultural uses as opposed to personal storage uses. Attorney Hebert was asked to research how the state law applies,prior to the next meeting. Additions to the Agenda Attorney Hebert reported that an ordinance amendment will be needed to require public hearings for minor subdivisions. While the township has been holding hearings,the ordinance does not technically require a hearing. It was agreed that a public hearing would be held at the January 9, 2007 Planning Commission meeting. Next Meeting The date for a meeting to discuss a draft mining ordinance,and discuss regulations for agricultural buildings,will be chosen at the January 9, 2007 Planning Commission meeting. The meeting adjourned at 9:00 p.m. Respectfully submitted, Anne Hurlburt Administrator 3 Third Final Draft DatedRevised:Alai•31October 17, 2006 DRAFT NEW SCANDIA TOWNSHIP ORDINANCE NO. 91 AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 74 PERTAINING TO THE ZONING AND SUBDIVISION REGULATIONS OF THE TOWN The Town Board of New Scandia Township, Washington County, Minnesota hereby ordains that: Section 1. All references within the Development Code to open space design, open space development, or open space design development are hereby changed to Open Space Conservation Subdivisions or OSCS. Section 2. Chapter One, Section 2. Definitions (113) Historic Building and Structure and (183) Open Space Conservation Subdivision (OSCS) are hereby amended as follows: (113) Historic Building and Structure: A structure which has been identified by the Washington County History Network Inventory or the State Historic Preservation Office and other undesignated structures such as residences and barns having public value due to the notable architectural or historic features relating to the cultural heritage of the County and the Town. (183) Open Space Conservation Subdivision: A grouping of residential structures on smaller lots than allowed in the specific zoning district, leaving some land dedicated as open space. Major subdivisions where bonus lots are allowed providing for the maximum possible protection of ecologically significant areas, natural landscapes, scenic attributes, open space, and cultural features. Section 3. Chapter Two. Section 12. is hereby renamed Open Space Conservation Subdivisions. Section 4. Section 12.1. Purpose and Scope (first paragraph only) is hereby amended as follows: Open Space Conservation Subdivisions (OSCS) are established to encourage development of rural housing clusters. All major subdivisions where bonus lots are requested shall be Open Space Conservation Subdivisions (OSCS), providing for the maximum possible protection of ecologically significant areas, natural landscapes, scenic attributes, open space, and cultural features. OSCS must meet the following purposes: 1 Third Final Draft DatedRevised•Mai 310ctober 17, 2006 Section 5. Section 12.2. Definitions (4) Historic Building and Structure and (8) Open Space Conservation Subdivision(OSCS)is-are hereby amended as follows: (4) Historic Building and Structure: A structure which has been identified by the Washington County History Network Inventory or the State Historic Preservation Office and other undesignated structures such as residences and barns having public value due to the notable architectural or historic features relating to the cultural heritage of the County and the Town. (8) Open Space Conservation Subdivision: A grouping of residential structures on smaller lots than allowed in the specific zoning district. leaving some land dedicated as open space. Major subdivisions where bonus lots are allowed providing for the maximum possible protection of ecologically significant areas, natural landscapes, scenic attributes, open space, and cultural features. Section J6. Section 12.9(3) Base Bonus Density is hereby amended as follows: (3) Bonus Density. An open space conservation subdivision that provides the minimum open space for the zoning district and other requirements of Chapter Two, 12.1 shall receive a 25% bonus. The number of bonus lots allowed is directly tied to the quantity and quality of preservation and protection afforded natural landscapes, open space, and cultural features. The number of density units determined in (2) above may be increased by the percentage indicated if the development complies with one or a combination of the following standards. The maximum bonus permitted in the "AG" District is 100%; in the "SR" District, 25%. No bonus is permitted in the "SFE" District. Determination of actual bonus densities shall be based upon findings of the Town Planning Commission and decision of the Town Board. (A) Providing affordable housing, to include a minimum of 25 percent of all units that would be affordable to moderate-income households, as defined by the Metropolitan Council. (In 2006, affordable housing was defined as $201,800 or less) 5 % (B) Preservation of historic features and historic buildings and structures, including but not limited to identified as those sites inventoried by the Washington County History Network and the State Historic Preservation Office and other undesignated structures such as residences and barns having 2 Thirt4Final Draft DatedRei'iserl:M e i 310c toter 17, 2006 public value due to the notable architectural or historic features relating to the cultural heritage of the County and the Town. 10 (C) Orientation of at least 75% of the lots around one clearly defined central focal point such as one or more of the following: 1. A central green or square. 2. A physical amenity such as a meadow, a stand of trees, a stream or other water body, or some other natural feature. 15 3 ]D) A street designed with boulevards planted with shade trees and with a central "parkway" or median, at least 25 feet wide. 5 % (E) Utilization of a community sewage disposal system. 10 % (F) Utilization of a community water system. 1315 % (G) Preservation of mature or establishment of woodlands and forests tree plantations as identified by the Minnesota Land Cover Classification System. 4-210 % (H) Preservation of agricultural lands (areas currently used for agriculture) with prime soils as identified by the Metropolitan Council's Digital Atlas.—anti preservation of high quality agricultural soils as identified on soils surveyn and through crop yield 10070, (I) Protection of ecologically sensitive features such as rare plant commuities, wetlands; historic trees, andor slopes of 12% or greater. These areas are defined as those identified as such by the Minnesota DNR's Metro Area Ecological Assessment. 1210 % (1) Preservation of native plants and animal habitat as identified by the Minnesota County Biological Survey and areas within the DNR-designated habitat corridors. 910 (K) Preservation of priority scenic views as identified by the Township, especially as viewed from public roads and property. 10 % 3 Third--Final Draft DRevised:Mai 310clober 17, 2006 (L) Creating open space that is contiguous to existing designated open space or part of proposed potential open space; defined as areas sharing a boundary with parks, public lands, planned parks and trails, and areas under conservation easement. 10 % (M) Preservation of natural drainage systems through the use of Best Management Practices for stormwater management including but not limited to raingardens, rainbarrels, swales, and infiltration trenches. 910 % (N) Restoring native habitat appropriate to the site as recommended by the Township's ecologist based on the ecologist's field analysis. 10 % (0) Implementing open space stewardship practices as recommended by the Township's ecologist based on the ecologist's field analysis. 10 % Section 37. Section 12.10(2)(H) is hereby deleted. Section 48. The words in the left hand column adjacent to 12.10(2)(H) "The "focal point" insures that the central feature of the development is always either a natural feature or"designed"open space such as a green or parkway" are hereby deleted. Section 9. Section 13.4(2) is hereby amended as follows: (2) For Open Space Conservation Subdivisions, at least one "pre-concept" or "workshop" meeting shall be held before going to the Planning Commission for the formal concept review. The purpose of the pre- concept meeting is to obtain agreement on the general design and layout of the subdivision, the project focal point(s), and in particular, to identify environmentally sensitive areas, natural landscapes, natural and cultural features and open space that is to be preserved on the project. The Applicant shall provide an aerial photo with 2-foot contour lines for the "pre-concept"meeting. Passed and adopted by the Town Board of New Scandia Township this day of , 2006. 4 Thir4-Final Draft DatedRe'ised:Mar 310ctober 17 2006 ATTEST: Dennis D. Seefeldt, Chairman Brenda Eklund, Town ClerkAnne Hurlburt, Town Administrator 5 �® Tii Gavo—Test for Draft Conservation Subdivision amendment The Tii Gavo proposal was for 37 single family lots on 154 acres located on Big Marine Lake. Open Space Development Bonus Criteria Maximum Earned Increase Increase A. Affordable housing 5% 0 None proposed. B. Historic features 10% 0 Not applicable. C. Focal point 15% 15% More than 75%of the lots are oriented to one of three focal points: Rasmussen pond, the Central Meadow, and open space at the end of Meadowridge Lane Court. D. Parkway 5% 0 None proposed. E. Community sewage system 10% 10% Proposed. F. Community water system 15% 15% Proposed. G. Woodlands and Forests 10% 10% There are forests and woodlands on the west, south and north of the site. H. Active agricultural lands with prime soils 10% 0 Not applicable(a portion of agricultural lands have soils that are prime only when drained). I. Ecologically sensitive features 10% 10% The DNR's Ecological Assessment shows a moderate score for the eastern half of the property and a portion of the west side. J. Habitat 10% 10% The County Biological Survey shows an emergent marsh and rich fen (wetland prairie), shrub swamp(scrub wetland), and oak forest(forest wetland) in the northeast corner. K. Scenic views 10% 0 A priority scenic view was not identified for this site. L. Contiguous open space 10% 10% The parcel is not contiguous to any existing protected open space. The open space is contiguous to lands that could be open space in the future (the north side of Rasumussen Pond and the camp). M. Stormwater management BMPs 10% 10% Raingardens, infiltration basins and swales. N. Restoring native habitat per Township Ecologist 10% 0* O. Stewardship practices per Township Ecologist 10% 0* EARNED BONUS 90% TOTAL (25% +earned bonus) 115% MAXIMUM BONUS 100% RESULTS Units Base Density 19 Proposed 37 Draft OSD Standards 38 (100%bonus) * The bonus is not applicable because there is not a Township Ecologist at this time. B1G ..,,, �.: �1 OPEN SPACE PLAN MARINE ,. -• ` ` 3% OPEN SPACE LAKE f �,� �97 acres) DV�LOPM�NT LLC ��TE r n �". x>s 114 , 4.5 MILES OF PROJECT • y_ • . , t.'- 1. , nK 4 F"` \ TRAILS 28%OF SHORE— ., r �j yo `F' } ,.. ,f,,, •. 11 .�' LINE PRESERVED avO s ty ', Yr,t .a z.k (5)564 LN- FEET) iiiGATHERING PLACE ,` a� at 2#1 _': � 33 F ..a. A + t i r,A. 'e Z - 7 r -.'}7 4>3,:a .a� •y ', rc - cu g 3 CONCEPT&. `"� . 4 y ax ,•. '','f y OPEN SPACE i r` fit . ._ +,' ys WW fa::: t 4� I �� �4 F Y-.-7 Alt-i4 �3} y � 1`p'YS 2 ,� Srl� Jy Y i 4 �,., ,,{,,,,,ii�rF�,T$f.�r � i +� S F dxr r ty,, CI=RTIf=ICnTION f'S i "" •r rr a � pm `+ -�+t� t„ � IS b.AM do di. 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New Scandia Township *' `'`1 E m ` ` gi?anf7eBrcv):tui:ncSrituebrdiaivision :' - '' '' _ V '# ::, r , -Y " `r,,i,.:r.• w Tii Gavo r' , MAP 1 r ti ` G. Woodlands and Forests � � forests LI - woodlands tili '' p '% y Af; h, • 'ma 3 µS , K°Y'^ Y; Y#'YY�� r or' r '' Apr P�. i ,, • H. Active Agricultural Lands f with Prime Agricultural Soils � tr '? Agricultural s j „� ~�. r3 a :Y, I All areas are prime r :. y •'''. LT_ I Only drained areas are prime P Y i+ • Data Source:Metropolitan Council Digital Atlas,MN DNR,MetroGiS " 0 0.04 0.08 0.12 0.16 Miles N • /./.',//, ',/' //, / f 0 r /---,..,4W,.,,I, ../ / ,/, , yy,/ New Scandia Township ,--- ,,,,:eyey / ///17- - 7 sr, `,/,/-,,'.,<7. 7)0,77, / ../pr/47 /:,;r4- 7,-:' z , ' - -- /,'- A ' ,, 44 '"i.'4./ Conservation Subdivision ; ,,,;. ' Draft Bonus Criteria .,7y4e7,7 / Ti.i. Gavo ,'',/ —'`''',4?. ',::;4,,//;1:" ..,f/4 77: ./., 7,„:7,/,,,,,,,,,„:4 yd.; , ';.,/ v/4;,. ,, '/„./....?'„/*,„, \--....„.„, ,, ,,,, ,,,, ,,,,,,, ,- ,.,., • „,.,, ..,-.., ,„. 07„..,,,y,;(7„, ,... 747,7,0/4 77//4 I. Ecologically Sensitive Areas ....... %,/::, • '''' Significant Ecological Areas --?''''''-\\\N-1 •i, . "3//////# i 0 7.." Surface Water Features'\_,fre . ''.''' , Spring / ,[40 , Open Water ' ,i „ ',d,,,,,/, 14,1 7;0 _ ___I National Wetland Inventory Outline ' / t .'" Stream ---..'"....".......,„),..„7_ /7// A / l'''\ '4/'''' i't ".1 ' 4•/,. //0 '".;;.e•'v,. ' %,?, .:' f *7 ' '7' A', / ' ,• „fr, 4 /ff .7/ J. Habitat •.',-- . , ,,7/7/ • •;','''°' ,. ... //,, 47/ ., , '',., ,"-:.'x# .;... Metro Conservation Corridors A„ County Biological Survey Land Cover , /,,,, :;/..,„ ,,,.:,(7" Forested Wetland ?;.Veif,.,;,;(;C:.?,;;;,•;V:/,.. , ..,.,4. , —74;"--*".!: ',,,,/, ,';:' Scrub Wetland •,„ :;,',2".',;/'X"r",;//,.///0;°; . 1.,›PA • /7/,7;y„ :::4'27 ',""i• ;;',., . Wetland Prairie V:.'":-7:4/* ,ii. :7, ,/,'","/":7•0; , ---,__ / •,/,' '4, ' ei.41,1/:///144 ,-.. 1. '• / / / r 1 ,,,,;,,./...,. .,,,,, __ / . //,',./;:,/•-• --', Data Source:Metropolitan Council Digital Atlas,MN DNR,MetroGiS + 0 0.04 0.08 0.12 0.16 Miles THIRD DRAFT,Revised 11/15/06 Chapter Two ❖Zoning Regulations , SECTION 9. DEVELOPMENT STANDARDS 9.11. Woodland and Tree Preservation (1) Purpose. The preservation and protection of trees and woodlands can significantly add to the quality of the physical environment of the community. The Township recognizes the value of trees and woodlands for improving air quality, scenic beauty,protection against wind and water erosion, shade,natural insulation for energy conservation, wildlife habitat,and protecting the integrity of the natural environment. (2) Definitions. (A) Applicant: Any person or entity that is required to submit and implement an approved Woodland Preservation Plan under this section.The Applicant shall be the person proposing the minor or major subdivision or commercial development. (B) Caliper Inch: The diameter of a tree measured at 54 inches above ground level. (C) Coniferous Trees: A wood plant which,at maturity,is at least twelve(12)feet or more in height and has foliage on the outermost portions of the branches year round. (D) Construction Zone: Any area in which movement of earth, alteration in topography, soil compaction,disruption of vegetation,change in soil chemistry,change in groundwater or surface water hydrology, or other change in the natural character of the land occurs as a result of the site preparation, grading,building construction,or any other construction activity. Examples include road rights-of-way,house and driveway construction areas and drainfields,ponding areas, etc. (E) Critical Root Zone(CRZ): An imaginary circle surrounding the tree trunk radius distance of one(1)foot per one(1)inch of tree diameter,(i.e.,a twenty(20)inch diameter tree has a CRZ with a radius of twenty(20) feet). (F) Drip Line: The farthest distance away from the trunk that rain or dew will directly fall to the ground from the leaves or branches of the tree. (G) Invasive tree species: a tree species that is non-native to the ecosystem and whose introduction causes economic or environmental harm. Invasive tree species include,but are not limited to Common Buckthorn, Glossy Buckthorn,Tartan Honeysuckle,Amur Maple(,leer gib), i-an O ae New Scandia Township Development Code 1 Chapter Two ❖ Zoning Regulations THIRD DRAFT,Revised 11/15/06 • \ b T ^b O arborc6,een-s-)7,1-apnese Barberry(Berberis thunbcrgii), Norway Maple(Acer platanoidcs)and Siberian Elm. (H) Multi-trunk Tree.A multi-trunk tree is considered as one tree if the trunk forks at a height 54 inches above ground level. For multi-trunk trees that fork at or below 54 inches,each trunk is considered a separate tree. (I) Native Coniferous Tree: Includes,but not limited to,White Pine,Jack Pine,and Tamarack. (J) Primary Deciduous Tree: Native deciduous trees including, but not limited to,ash(American mountain,black, showy mountain,and white),basswood,birch,black walnut,blue beech,butternut, cherry(black and pin), hickory,hackberry, ironwood,maple(sugar,black,red,mountain,and silver), oak(black,bur, chestnut,pin,red,and white). (K) Secondary Deciduous Tree: Native deciduous trees that are aspen,box elder, green ash,and cottonwood. (L) Significant Tree: A healthy tree measuring a minimum of six (6) caliper inches for all primary deciduous trees, a minimum of twenty(20) caliper inches for all secondary deciduous trees, or a minimum of twelve(12) feet in height for all native coniferous trees. (M) Significant Woodland: a treed area of at least 15,000 square feet or more which includes significant trees. (N) Woodland: a treed area of at least 15,000 square feet. (3) Applicability. (A) A Woodland Preservation Plan shall be required for: 1. Any Preliminary Plat when significant trees or significant woodlands exist on sitcin the proposed construction zone. 2. Any Minor Subdivision when significant trees or significant woodlands exist in the proposed construction zoneon site. 3. Any Landscape Plan as required by Section 9.12 of this Chapter when significant trees or significant woodlands exist in the proposed construction zoneon size. Dead, non-diseased trees that are not hazardous may be left (B) A Woodland Preservation Plan shall not be required for: standing to provide wildlife habitat. New Scandia Township Development Code THIRD DRAFT,Revised 11/15/06 Chapter Two ❖ Zoning Regulations 1. Removal of Diseased Trees. All diseased,hazardous, dead and dying trees may be removed. 2. Removal of Invasive tree species. Invasive tree species are encouraged to be removed and chemically treated with appropriate herbicides and application methods to discourage re-sprouting and minimize ecological impacts. (C) Woodland Preservation Plan Requirements. 1. All Woodland Preservation Plans shall be certified by a forester, ecologist,landscape architect or other qualified professional retained by the Applicant. 2. The Woodland Preservation Plan shall include the following information: a. Boundary lines of the property with accurate dimensions. b. Location of existing and proposed buildings, structures,parking lots,roads, impervious surfaces and other improvements. c. Proposed grading plan with two-foot contour intervals and limits of the construction zone. d. Location of all significant woodlands, area in square feet and acres, and description of natural community type or predominant canopy tree species,identified in both graphic and tabular form. e. Location of all existing significant trees, size by caliper inch,scientific name,and common name for all areas of the site identified in both graphic and tabular form. f. Location of significant trees and significant woodlands proposed to be removed within the construction zone,identified in both graphic and tabular form. g. Measures to protect significant trees and significant woodlands, as required by Section 9.11(7). h. Size, scientific name, common name, and location of all replacement trees proposed to be planted on the property to replace significant New Scandia Township Development Code 3 Chapter Two ❖Zoning Regulations THIRD DRAFT,Revised 11/15/06 trees and/or significant woodlands proposed to be removed. i. The name(s),telephone number(s),and address(es)of Applicants,property owners, developers,and/or builders. j. Signature and qualifications of the person preparing the plan. (4) Replacement Provisions. All significant trees and significant woodlands removed shall be replaced. (A) Significant Tree Replacement. All significant trees removed must be replaced by the Applicant as determined by the tree replacement schedule. Option A,B or C,or some combination may be proposed by the Applicant. 1. Tree Replacement Schedule. Size of Tree Damaged or Number of Replacement Trees Destroyed A B C Deciduous trees at Deciduous trees at Deciduous trees at least 4 caliper inches; least 2.5 caliper inches; least 1.5 caliper inches; Coniferous trees at Coniferous trees at Coniferous trees at least 12 feet in height least 6 feet in height least 4 feet in height Coniferous, 12 to 24 feet high 1 2 4 Coniferous,greater than 2 4 8 24 feet in height Hardwood Primary 1 2 4 Deciduous, 6 to 20 inches diameter Hardwood Primary 2 4 8 Deciduous,greater than 20 inches in diameter Softwood Secondary 1 2 4 Deciduous, 20 to 30 inches diameter Softwood Secondary 2 4 8 Deciduous,greater than 30 inches diameter 2. Tree Replacement Fund. In the event that sufficient land area on the subdivision or commercial lot is not available to plant the replacement trees,as determined by the Township,the Applicant shall provide to the Township payment for the planting of the required trees elsewhere at a rate of$100 per trcc75 per caliper inch. 4 New Scandia Township Development Code THIRD DRAFT,Revised 11/15/06 Chapter Two ❖Zoning Regulations (B) Significant Woodland Replacement. All significant woodlands removed must be replaced by the Applicant. The number of replacement trees shall be determined by either of the following methods, whichever yields the greater number of replacement trees. 1. Replacement of significant trees within the significant woodland that are damaged or destroyed, per the Tree Replacement Schedule. 2. Replacement for every 125 square feet of significant woodland damaged or destroyed, or increment thereof, with: a. One(1)deciduous tree of at least 4 caliper inches or one(1)coniferous tree at least 12 feet tall; or b. Two(2)deciduous trees of at least 2.5 caliper inches or two(2)coniferous trees at least 6 feet tall; or c. Four(4) deciduous trees of at least 1.5 caliper inches or four(4)coniferous trees at least 4 feet tall. (C) Species Requirement. 1. The Township may require that the replacement species is identical to the removed species. 2. Where ten(10)or more replacement trees are required,not more than fifty(50)percent of the replacement trees shall be of the same species of tree without the approval of the Township. 3. Trees planted to replace significant woodland must be arranged in stands to provide a habitat similar to the damaged or destroyed habitat. (D) Warranty Requirement. Any replacement tree which is not alive or healthy,as determined by the Township,or which subsequently dies due to construction activity within two(2)years of the tree's planting, shall be removed by the Applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight(8)months of removal. New Scandia Township Development Code 5 Chapter Two ❖ Zoning Regulations THIRD DRAFT,Revised 11/15/06 (E) Landscaping Requirements. The planting of trees for mitigation shall be in addition to any other landscape requirements of the Township. (F) Shoreland Overlay District. Trees and woodlands within the Shoreland Overlay District are subject to the requirements stated in Section 11.2, in addition to the regulations of this Section. (5) Required Protective Measures. The following measures shall be utilized to protect significant trees and significant woodlands during any type of grading or construction: (A) Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone(CRZ),whichever is greater, of significant trees and significant woodlands to be preserved.No grade change,construction activity, or storage of materials shall occur within this fenced area. (B) Identification of any oak trees requiring pruning between April 15 and July 1 to avoid the spread of Oak Wilt. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate non-toxic tree wound sealant. (C) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials,such as fuels or paints. (6) Recommended Protective Measures The following tree protection measures are suggested to protect significant trees and/or significant woodland that are intended to be preserved: (A) Installation of retaining walls or tree wells to preserve trees. (B) Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. (C) Use of tree root aeration, fertilization, and/or irrigation systems. (D) Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area. (E) Therapeutic pruning. 6 New Scandia Township Development Code THIRD DRAFT,Revised 11/15/06 Chapter Two ❖Zoning Regulations (7) Review Process. The Woodland Preservation Plan shall be reviewed by the Township to assess the best possible layout to preserve significant trees and significant woodland, and to enhance the efforts to minimize damage to significant trees and woodland. The Applicant shall meet with the Township Planner prior to submission of the Preliminary Plat or Planning Request Application to determine the most feasible and practical placement of buildings,parking,driveways, streets, storage, and other physical features in order that the fewest significant trees and significant woodlands are destroyed or damaged. (8) Compliance with the Plan. (A) Implementation of the Plan. The Applicant shall implement the Woodland Preservation Plan prior to and during any construction.The tree protection measures shall remain in place until all grading and construction activity is terminated, or until a request is made to and approved by the Township.No significant trees or significant woodland shall be removed until a Woodland Preservation Plan is approved. (B) Performance Guarantee. The Applicant shall provide the required performance guarantee following preliminary approval of the Woodland Preservation Plan and prior to any construction and/or grading. The amount of the performance guarantee to be submitted, specific to the Woodland preservation fulfillments, shall be calculated as follows: 1. An amount to guarantee preservation of all trees identified by the approved Woodland Preservation Plan to be preserved within the Construction Zone shall be deposited with the Township. The amount shall be calculated by multiplying the total caliper inches of significant trees to be preserved by the rate of payment of$75.00 per caliper inch and/or the total square feet of significant woodland to be preserved at the rate of$1.50 per square foot. 2. Following written request by the Applicant for acceptance,the performance guarantee will be released upon verification by the Township that the Woodland Preservation Plan was followed and that the tree replacement schedule was complied with New Scandia Township Development Code 7 Chapter Two ❖ Zoning Regulations THIRD DRAFT,Revised 11/15/06 where necessary; in no event shall the performance guarantee be released earlier than one(1)year after the date of the project closure. (C) Noncompliance. If a significant tree or significant woodland that was intended to be preserved is removed without permission of the Township, or damaged so that it is in a state of decline within one(1)year from date of project closure, the cash performance guarantee,$75.00 per caliper inch of significant tree or$1.50 per square foot of significant woodland, shall be remitted to the Township.The Township shall have the right to inspect the development ands building site in order to determine compliance with the approved Woodland Preservation Plan.The Township shall determine whether compliance with the Woodland Preservation Plan has been met. 8 New Scandia Township Development Code DRAFT,Revised 11/15/06 Chapter Two ❖Zoning Regulations SECTION 9. DEVELOPMENT STANDARDS 9.44-12 Screening and Landscaping (1) Purpose and Objectives. The preservation of existing trees and vegetation as well as the planting of new trees and vegetation, can significantly add to the quality of the physical environment of the community. This section provides for the health, safety,and welfare of the residents of New Scandia Township and is intended to: • Promote the reestablishment of vegetation in developed areas for aesthetic,health,and wildlife reasons; • Establish and enhance a pleasant visual character which recognizes aesthetics and safety issues; • Promote compatibility between land uses by reducing the visual,noise,and lighting impacts of specific development on users of the site and abutting uses; • Unify development,and enhance and define public and private spaces; • Promote the retention and use of existing vegetation; • Aid in energy conservation by providing shade from the sun and shelter from the wind; • Reduce flooding and erosion by stabilizing soils with trees and vegetation. (2) Landscaping Plan. When is it required?A landscaping plan shall be submitted at the time of site plan/preliminary plat review for any: (A) Major residential subdivision,or new development or new building construction in any commercial, industrial, public/institutional or planned unit development. (B) Modification or expansion of a commercial or industrial building or improvements to a site,and/or when there is a change in land use plan or zoning. Landscaping requirements shall be applied to those portions of the site that are directly affected by the proposed improvements,or change in land use, as determined by the Zoning Administrator. In all cases appropriate screening and buffering shall be provided for the entire site. New Scandia Township Development Code 1 Chapter Two ❖Zoning Regulations Revised 11/15/06 (3) General Plan Requirements. Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the Zoning Administrator at a legible scale and shall include the following: (A) boundary lines of the property with accurate dimensions; (B) locations of existing and proposed buildings,parking lots, roads and other improvements; (C) proposed grading plan with two-foot contour intervals; (D) location, size and common name of all existing `significant' trees at least 6 inches in diameter or greater as measured 54 inches above the ground for all areas of a site that will be disturbed or graded. [For changes to developed sites,the location, size and common name of all trees and shrubs on the site must be identified for all areas of the site that will be disturbed and graded.]; (E) a planting schedule containing symbols,quantities,common names,and size of plant materials; (F) planting details illustrating proposed locations of all new plant material; (G) locations and details of other landscape features including berms, fences and planter boxes; (H) details of restoration or disturbed areas including areas to be sodded or seeded; (I) location and details of irrigation systems; and (J) details and cross sections of all required screening. (4) Design Standards and Guidelines. All landscape plans shall adhere to the following: (A) Woodland Preservation Plan. A Woodland Preservation Plan shall be submitted as per Section 9.11 of this Chapter. (B) Landscaped Areas. All open areas of a lot which are not used or improved for required parking areas,drives or storage shall be landscaped with a combination of over-story trees,under- story trees,coniferous trees, shrubs, flowers and ground cover materials. The Township strongly encourages landscape plans that reflect the natural landscape. 2 New Scandia Township Development Code DRAFT,Revised 11/15/06 Chapter Two ❖Zoning Regulations (C) Number of trees.The minimum number of major or over- story trees on any given site shall be as indicated below. These are the minimum substantial plantings, in addition to other under-story trees, shrubs, flowers and ground cover deemed appropriate for a complete quality landscape treatment of the site.The planting location of the required trees is flexible in order to accommodate various landscape designs. The required number of trees may be reduced by the Town Board if the landscape plan reflects the natural landscape. Single-Family Residential-5 trees for each dwelling unit; Multiple-Family Residential-5 trees for each dwelling unit; Commercial/Industrial-the greater of: one(1)tree per 1,000 square feet of gross building floor area or 10 trees. (D) Site Ground Cover. All front, side or rear yards facing a right- of-way shall be treated with a ground cover material consisting of either lawn and/or natural/prairie grasses.The ground cover must be established one year from the date of occupancy. Undisturbed areas containing existing viable natural vegetation that can be maintained free of foreign and noxious plant materials shall satisfy this requirement. (E) Building Ground Cover. A minimum five-foot strip from building edges facing a public right-of-way must be treated with decorative ground cover and/or foundation plantings, except for garage/loading and pedestrian access areas. Over-story trees shall be defined as "Acer"(Maple), "Celtis"(Hackberry), (E) Existing trees. A reasonable attempt shall be made to "Fraxinus"(Ash), preserve as many existing significant trees as is practical and "Gleditsia"(Honeylocust), "Betula" to incorporate them into the site plan. Significant trees arc (Birch), "Ginko"(Ginko), any over story or coniferous tree over 6 inches in diameter, as "Gymnoclalus"(Kentucky Coffee measured 51 inches from the ground. Tree), "Tilia"(Linden) and "Quercus" (Oak). �a / a�aaaaaaJuaar C from construction must be replaced at a 3:1 ratio with 2 1/2 inch diameter trees. The number of replacement trees may be reduced by the Town Board if substantial effort is made to preserve as many existing trees as possible. (G) Sites preserving significant trees may be given c,-edit against the required number of trees. (F) Minimum Planting Size. The complement of trees fulfilling the requirements of this ordinance shall be of a variety of age classes. Sizes of over-and under-story trees are based on the diameter of the tree 6 inches above the ground. New Scandia Township Development Code 3 Chapter Two ❖ Zoning Regulations Revised 11/15/06 Required Planting Material % of Tree Type Size Required Over-story Trees 50% 2-1/2 inches 50% 1-1/2 inches Under-story Trees 50% 1-1/2 inches 50% 1 inch Coniferous Trees 4 feet in height Tall Shrubs or Hedge 3 feet Low Shrubs 5 gallon (G) Species. The following is a list of recommended plant materials(* trees marked with an asterisk are probably native to the Scandia area): Conifers Deciduous Red Pine *Black Ash *American Plum *White Pine *Green Ash *Canada Plum *Jack Pine *White Ash *American Elm Northern White Cedar *Sugar Maple *Slippery Elm Eastern Red Cedar *Black Maple *Rock Elm *Tamarack *Red Maple *Paper Birch Black Spruce *Silver Maple Yellow Birch White Spruce *Mountain Maple *Ironwood Canadian Hemlock *Nannyberry *Blue-Beech Balsam Fir Wahoo *Speckled Alder Honeylocust *American Basswood *Bitternut Hickory *Black Willow Shagbark Hickory Peachleaf Willow *Black Walnut *Pussy Willow *Butternut *Bebb Willow American Mountain Ash *Sandbar Willow Showy Mountain Ash *Shining Willow *Staghorn Sumac *Heartleaf Willow *Smooth Sumac *Black Cherry *Bur Oak *Chokecherry *White Oak *Pin Cherry Swamp White Oak *Balsam Poplar Chinkapin Oak *Bigtooth Aspen *Hackberry *Trembling Aspen *Northern Red Oak *Eastern Cottonwood *Black Oak *Alternate-Leaf Dogwood *Northern Pin Oak *Downy Serviceberry Red Mulberry *Roundleaf Serviceberry *Hawthorn Saskatoon Serviceberry *Prairie Crabapple 1. The complement of trees fulfilling the requirements of this ordinance shall be not less than 25 percent deciduous and not less than 25 percent coniferous, unless the proposed plantings are designed to create a natural setting and it is approved by the Town Board. Single-family development is exempt from this requirement. 4 New Scandia Township Development Code DRAFT,Revised 11/15/06 Chapter Two ❖Zoning Regulations 2. No required tree shall be any of the following: A species of the genus Ulmus(elm), except those elms bred to be immune to Dutch Elm disease; Box Elder; Female Cottonwood; A species of the genus Populous(poplar); or Female ginko. (H) Parking Lots/Planting Islands. All automobile parking lots designed for fifteen or more parking spaces shall provide landscaping areas dispersed throughout the parking lot,in order to avoid the undesirable monotony,heat and wind associated with large parking areas. Parking lots with less than 15 spaces shall not be required to provide landscaping other than yard area and buffer landscaping requirements as specified in other sections of this ordinance. 1. Plant Materials-At least one over-story/shade tree must be provided for each 15 parking spaces. Ornamental trees, shrubs,hedges and other plant materials may be used to supplement the shade trees, but shall not be the sole contribution to such landscaping. 2. Additional perimeter plantings may be used to satisfy this requirement in parking facilities less than sixty feet in width. (I) Slopes and Berms. Final slopes of greater than 3:1 will not be permitted without special treatment such as terracing or retaining walls. All berms must incorporate trees and plantings into the design. In no situation shall berms be used as the sole means of screening. (J) Landscape Guarantee.All trees and plant materials that do not survive for at least two full growing seasons must be replaced by the landowner. (5) Screening and Buffering. (A) Screening shall be required when: 1. Any nonresidential commercial-industrial off-street parking area contains more than four(4)parking spaces and is within thirty(30) feet of a residential use. New Scandia Township Development Code 5 Chapter Two ❖Zoning Regulations Revised 11/15/06 2. The driveway to a nonresidential parking area of more than six(6)parking spaces is within fifteen(15) feet of a residential use. 3. Where any business or industrial use(structure, parking or storage)is adjacent to property zoned for residential use,that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business,parking lot or industry is across the street from a residential zone,but not on the side of a business or industry considered to be the front. 4. All exterior storage in commercial/industrial areas shall be screened. The exceptions are(1)merchandise being displayed for sale; (2)materials and equipment currently being used for construction on the premises; and(3)merchandise located on service station pump islands. 5. Any lot within an Open Space Development and not in the Village Center area is closer than 500 feet to a Township collector road,County collector road or State road and does not have natural screening from either existing topography or vegetation. (B) Performance Standards.The screening required in this section shall consist of earth mounds,berms or ground forms; fences and walls; landscaping(plant materials)or landscaped fixtures(such as timbers)used in combination or singularly so as to block direct visual access to an object. (6) Security. No building permit for any construction shall be issued until a landscape plan is approved and a security is obtained by the Township.When screening, landscaping or other similar improvements to property are required by this ordinance a security shall be supplied by the owner in an amount equal to 125%of the value of such screening and landscaping. The security shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the actual date of installation of the landscaping. In the event construction of the project is not completed within the time prescribed by building permits and other approvals,or if the plant materials have died within two full growing seasons,the Township may, at its option,complete the work required or replace the landscaping at the expense of the owner and the security. The Township may allow an extended period of time for completion of all landscaping if the delay is due to conditions that are reasonably 6 New Scandia Township Development Code DRAFT,Revised 11/15/06 Chapter Two ❖ Zoning Regulations beyond the control of the developer. Extensions may be granted by the Zoning Administrator for a period not to exceed nine months, due to seasonal or weather conditions. When an extension is granted, the Township shall require such additional security as it deems appropriate. New Scandia Township Development Code 7 TKDA 444 Cedar Street,Suite 1500 / / Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: Town Board and Planning Reference: Outline for updating the Mining Commission Ordinance Anne Hurlburt, Town Administrator New Scandia Township, Minnesota Copies To: Dave Hebert From: Richard E. Thompson,AICP Proj. No.: 13581.000 Berry Farrington Routing: Date: November 15, 2006 This memo offers recommendations of how New Scandia's Mining Ordinance might be revised. Review and revision of the Ordinance would prepare New Scandia for the additional permitting authority that comes with incorporation. The current Mining Ordinance uses an annual permit that runs through the last day of February. Because of this schedule and the upcoming Zavoral property application, it would be best that revisions to the Mining Ordinance be adopted in January 2007. Below is an outline for revising the Mining Ordinance. 1. Definitions, Section 2. Develop a more complete list of terms and definitions. The definitions would reflect the terms used in the revised Ordinance,but would likely include: Confined Aquifer, Mining, Mitigation, Overburden, Reclamation, Stockpile, Topsoil, Unconfined Aquifer. 2. Permit requirements, Section 3. Determine permit terms and update this section to address: a. Length of permit b. Review process c. When an EAW/EIS is required. 3. Application, Section 6. Develop more detailed submittal requirements and submittal standards. Required application materials could include: a. site plan b. traffic study(trip generation, distribution, access, level of service) c. reclamation plan d. screening and landscaping plan e. operating plan to include noise mitigation, dust mitigation, hours of operation, and phasing f. groundwater protection plan g. natural resources protection plan to include wetland delineation, steep slopes, and surface water h. erosion control plan An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Outline for updating the Mining Ordinance Page 2 November 15, 2006 New Scandia Township i. submittal standards (scale requirements, signed by Registered Engineer, north arrow, conditions 300 feet beyond site, and other standards similar to subdivision application standards.) j. fees and escrow. 4. Performance and Design Standards. Section 7. Revise to provide more detailed standards for items such as: a. air quality and dust b. dimensional standards (setbacks, minimum parcel size) c. fuel storage d. groundwater protection e. hours of operation f. landscaping, screening, and fencing g. lighting h. noise i. reclamation j. roadway adequacy k. site access 1. water supply and usage m. reference standards from other agencies: MPCA, DNR, EQB, and Watershed District. 5, Meeting Date: 11/14/2006 Agenda Item: 3 a) e Planning Commission Agenda Report Town of New Scandia ' (( 1 14727 209th St. North, P.O. Box 128 ,J I�i Scandia, MN 55073 (651)433-2274 J Action Requested: Consider request of Pamela Huberty to schedule a public hearing to amend the Development Code concerning the performance standards for swimming pools (Section 10.31 (2) (I)). Deadline/Timeline: A hearing could be scheduled for the December 5 Planning Commission meeting. Background: • The development code requires a 6-foot safety fence around swimming pools (see code section, attached.) • The Hubertys, who live at 22899 Mallard Ave. N., have an existing swimming pool that does not have a fence. This came to light after the recent, unrelated approval of variances for an accessory building on their property. • Instead of a fence, the Hubertys have installed an "Aquamatic Safety Pool Cover." The cover completely encloses the surface of the pool when not in use. Information about the cover is attached. • Some communities accept such covers as an alternative to a fence. For example, Stillwater's code requires pools to be secured with a "cover, fencing, screening, or other enclosure or any combination thereof of sufficient density and strength as to be impenetrable." The Scandia Township code does not have this flexibility. • The Hubertys have submitted a letter from their insurance company indicating they accept this cover as an alternative to a fence. They also submitted testing data for the pool cover which indicates it would meet a standard such as that written into Stillwater's ordinance. • An amendment to the Scandia Township Development Code would be needed to allow this pool cover to substitute for a fence. If the ordinance is not amended, the Huberty's will need to install a fence to comply with the current code. Page 1 of 2 10/30/06 Chapter Two ❖ Zoning Regulations Effective 6/1/99 (A) The development plan for the shopping center s� include a minimum of two (2)acres.There is nc minimum lot size for individual structures located on lots within a shopping center. (B) Shopping Centers shall have direct access to an arterial or collector street as designated in the Comprehensive Plan. (C) The Shopping Center must comply with the use requirements and dimensional standards of the underlying zoning district. 10.31. Swimming Pools (1) Required Permits. A building permit shall be required for any swimming pool with a capacity of over three thousand (3,000)gallons or with a depth of over three and one-half (3.5)feet of water. An application for a building permit shall include a site plan showing: The type and size of pool,location of pool,location of house, garage, fencing and other improvements on the lot, location of structures on all adjacent lots,location of filter unit,pump and writing indicating the type of such units, location of back-flush and drainage outlets, grading pla finished elevations and final treatment(decking, landscaping,etc.)around the pool, location of existing overhead and underground wiring, utility easements, trees and similar features,and location of any water heating units. (2) Performance Standards. (A) Pools shall not be located within twenty(20)feet of any septic tank/drainfield nor within six(6)feet of any principal structure or frost footing. Pools shall not be located within any required front or side yard setbacks. (B) Pools shall not be located beneath overhead utility lines nor over underground utility lines of any types. (C) Pools shall not be located within any private or public utility,walkway, drainage or other easement. 84 New Scandia Township Development Code 9/25/06 Dear Anne Hurlburt, Several weeks ago, I spoke to you about amending the township ordinance regarding the acceptance of the Aquamatic Safety Pool Covers. Enclosed you will find the certification from the ASTM(American Society for Testing and Material Standard). This states that the safety pool cover had been tested independently by two testing agencies, and exceeds the ASTM requirements. You will find a copy of the City of Stillwater's ordinance allowing the covers instead of a fence. I also spoke with Sheryl, from the city of Oakdale, regarding their ordinances. She said they would be allowed if the safety issues could be proved. She asked me to fax the ASTM certification so she could have it on file for future reference. Also enclosed is a letter from my State Farm insurance agent allowing the cover to be used instead of a fence. I hope you will consider amending this pool ordinance. We have five children, and safety is our priority. I would encourage you to come to our house, and view how safe the cover is. Sincerely, 0-T4\3-le t Pam Huberty 1 Lt NO.bsb (kJ/13 'Ob Vr5:, 111:L 1 I Y OF 5 I 1 LLl#1 I tK hAX:e.b14APAW PRUE 2 §3a-2 STILLWATER CODE and the liquid capacity of the pool. Plans Subd. 11. Pressure relief values- Pool contrac- must be drawn to a scale of not smaller tors must certify that they have examined the than one-fourth of an inch to one foot. construction site with respect to the water table (6) Additional information may be requested level and potential soil saturation. If it is deter by the building official. mined to be necessary, in the opinion of the building official,pools must be designed and con- Subd, 5. Permit fees. Permit fees will be set by strutted with underdrain systems and pressure resolution adopted by the city council from time to relief valves to prevent pool flotation. time. Subd. 12. Shielding lights. Lights used to illu- Subd,6. Pool piping.Pool piping systems must initiate swimming pools must be arranged and be constructed of materials prescribed in the state shielded to reflect light away from adjoining prop- plumbing code- Installation of the piping includ- erties. ing the pool water supply line must be done by a licensed plumber and must be inspected by the Subd. 13. Location. All swimming pools or city plumbing inspector prior to covering the appurtenances must be located in the rear yard at piping, a distance of at least ten feet from any property line. Subd. 7. Main outlets. Pools must be equipped with facilities for completely emptying the pool 4e Subd. 14. Fences.All swimming pools must be and effecting surface drainage (by gravity if ele- / provided with safeguards to prevent children from vations permit). The drainage system must be gaining uncontrolled access. This may be accom- constructed in conformance with the provisions of plished with a cover, fencing, screening, or other the state plumbing code and under the supervi- enclosure or any combination thereof of sufficient sion of a licensed plumber,and shall not discharge density and strength as to be impenetrable. directly on the land of an adjoining neighbor or in a manner that threatens or endangers fish or If fencing is used,all fence openings or points of wildlife. entry into the pool area must be equipped with gates. The fence and gates must be at least four Subd. 8. Water supply. Water supplies serving feet in height and constructed of a minimum No. all swimming pools must be safe,sanitary and be 11 gauge, woven-wire mesh, corrosion-resistant acceptable to the public health authority. The material or other material approved by the build- installation of the pool water supply piping and ing official. All gates must be equipped with connection to the source of supply must be under self-closing and self-latching devices placed at the the supervision of a licensed plumber. top of the gate or otherwise be inaccessible to Subd. 9. Electrical requirements. All electrical small children. All fence posts must be decay or installations provided for, installed and used in corrosion-resistant and set in concrete bases or conjunction with residential swimming pools must other suitable protection. The openings between conform to the state electrical code and must be the bottom of the fence and the ground or other inspected and approved by the state electrical surface may not be more than four inches. inspector. No current-carrying electrical conduc Note—The reauistione established in tins Subd.14 apply tors must cross residential swimming pools, ei- No.n 961.fences built or replaced after the effective date of Ord. titer overhead or underground,or within 15 feet of a pool, except as necessary for pool lighting or Subd. 15. Safety equipment. Every swimming pool accessories. pool must be equipped with one or more throwing ring buoys not more than 15 inches in diameter Subd. 10. Heating requirements. Permits are and having 60 feet of 3lie of an inch manila line,or required for all heating unite used in conjunction its equivalent, attached. with swimming pools. Installation must be made by installers licensed by the city and in actor- Subd. 16. Aboveground swimming pools. Lad- dance with any lawful code in effect at the time of ders or stairs which are attached to or placed installation. against the outside of aboveground tank type Supp.No,23 CD33:6 Northbrook,Illinois,•(847) 272-8800 Whale,New York•(516) 271-8200 Santa Para,GaMlomla•(40 ) 985-2400 Research Triangle Park, North Carolina•(919) 549-1400 (2) Camas,Washington•(360) 817-5500 Underwriters Laboratories Inc.� AQUAMATIC COVER SYSTEMS ; ha7 N 200 MAYOCK RD IN put►iseen saint esL 1l91t GILROY CA 95020 Your most recent listing is shown below. Please review this information and report ;Any inaccuracies to the UL Engineering staff member who handled your UL project. WBAH July 14, 1998 Covers for Swimming Pools And Spas AQUAMATIC COVER SYSTEMS 1113958 {S) 200 MAYOCK RD, GILROY CA 95020 Power Safety Covers, Models 400, 400-U, 550, 550-U, 800, and 800-U Classified in Accordance with ASTM F 1346-91. LOOK FOR CLASSIFICATION MARKING ON PRODUCT 189551001 Underwriters Laboratories Inc.* f1I/0341 83 For information on placing an order for UL Listing Cards in a 3 x 5 inch card format, please refer to the enclosed ordering information. UNDERWRITERS LABORATORIES INC. ,r. A not-for•profit organization dedicated to public safety end committed to quality service ON W f G 0 v (Pg. 3 of 4) TCS® File: #0S9T303o-1 a. MINIMUM LABEL REQUIREMENT'S F Olt ALL COVERS Unit complies with requirements. 9. TEST METHODS FOR SAFETY COVERS ed to 490-lbs(composed 9.1 Static Load Test. Test Unit was subject of one 150-1b, one 160-1b �Stsudard8nd one aTest o jlb tectsuwere exceeding load required pe applied at two different points (the center point of the cover, and, between attachment points at a distance of 4.5 feet),and remained in each test position for a period of 5,minutes or greater. Although,normal deflection was observed, no passage through the cover was possible. Test Unit complies with requirement. 9.2 Perimeter Deflection Test. Applied 50-lb weight at $.distance of four-and-one-half feet from side of pool. Applied 36.6-lb. ellipsoidal shaped test object. Test Unit did not allow the test object to pass through, gain access to, or be 'subject to entrapment betweef the cover and the side of the pool. Test Unit complies with requirements. 9.3 Surface Drainage Test. Applied a 36.6-lb. torso shaped test object in a supine position, faceup, at a distance of two-and- one-half feet parallel with edge of pool. An even water spray was applied at a rate of 10 gallons per minute. After 3 minutes, minimal water collection was observed around test object. Continued applying water with no unsafe water pooling. After 30 minutes drain time, re-applied 36.6-lb test object with no unsafe amount of water pooling. Test Unit complies with requirements. 9.4 Openings Test. Applied solid faced spherical test object with a breadth of 4.5 in. at a force rate of 40-lbs., steadily, to the top surface of the pool. No allowable passageavas observable. Test Unit complies with requirements. 10, OPERATING CONTROLS, SAFETY COVERS 10.1 Unit complies with requirements. AUTOMATIC SWIMMING POOL COVER CERTIFICATION (Page 2 of 4) E(5 File: #O 9T3030-1 6, GENERAL REQUIREMENTS FOR SAFETY COVERS 6.1 Installation/Use of safety covers. Unit complies with requirement. 6.2 Label attached to the cover meets, and/or exceeds the general requirements as required by the 8.5.1,8.8,8.8.1 and 8.8.2 guidelines. 6.3 Markings for safety covers. 6.3.1 Unit lists manufacturers name. Unit complies with guideline. 6.3.2 Unit lists date manufactured. Unit complies with guideline. 6.3.3 Manufacturer provides instructions to consumers to inspect the cover for premature wear in consumer packaging. Unit therefore complies. 6.3.4 Label attached to unit meets the general requirements described in 8.4.1, 8.7, 8.7.1, 8.7.2., 8.7.3, 8.8, 8.8.1 and 8.9: Unit complies with guideline. 6.4. Fastening Mechanisms or Devices. Fastening devices remained in their intended,secured positions when the test unit was subjected to the load and perimeter deflection tests performed as called for under the 9.1 and 9.2 guidelines. Unit complies with all requirements. 6.5. Openings. No openings were allowed,when tested by the test method described in 9.4. Test object did not gain access to the water,nor was it subject to entrapment. Therefore,unit complies with this guideline. 6.6. Seams, tits or welds in the cover showed no signs of damage when tested by the methods described in 9.1,9.2,9.3 and 9.4. Unit met all requirements under this guideline. 7. PERFORMANCE REQUIREMENTS FOR SAFETY COVERS Refer to Test Methods as described in the 9.1,9.2,9.3 and 9.4 guidelines. ECS•File: #059T3030-1 10.2 Unit complies with requirements. 10.3 Unit complies with requirements. 10.4 Pool cover operating controls. 10.4.1 Controls comply with requirements. Unit complies with requirements. 10.4.2 Unit complies with requirements. CONCLUSION: Tested unit has tAtt all requirements of this Standard. UNIT COMPLIES WITH ASTM F 1346-91 REQUIREMENTS. �`rk' u E[v, g.i. , ,',X,„Y 1k-t �1 -4wir;: -1 1. ' t :i - .F 7' '9'- • to `IT. z -,,, .15- ''lylr' .,le p >h g�,: alyl'-i•u,� r x �. I r — - ,A 1 .. i. is a ._ "' * 4. 04 'l= ti2s t "' -' 1.11 COVE R SafetyPoolA New Concept in Fasy-to-Use Manual Safety.. r ColIel's Ytea; Ln�_ �a �T t �^ .r lowyou can have all the �11t • Safe ;T> �.. "R safety v t it R- j _ and cost savings of an automatic • Ultra Strong - .: �. s `,. A+___ Pool cover at a cosy effective price. 6 FZ CoverTM looks and moves like and — an automatic cover but without secure ors S the hydraulic mechanism at above / • - • Saves lives �„:. ' _ ii ::.,71 `half the price.The effortless opera_ t f . . r lion takes only about 70 seconds to { �"^.•-• • �`••�1 •i • Saves energy w I`4 v .O_ # ,ss" > open and close the cover. It's so .: * •,,,. � �• :„..t.: x ;easy You'll use it daily to keep your ` l�ztvV1.s.: • Keeps pool clean - a ,:51: r pool safely covered anytime it is not - .,,;:$ .-....,.:��2k3'Y� ': -�' ; in use- V • whrye'orer Wuopened..dcbsedci ityfrom onepoaalm.. --' Easy to use �TM comes complete with>o�x Y wamnty and Ile- a five ear fabric �,�� ,,,�- - Many choices offabric colors time mechanism wamnty. S Navy Blue Teal s Black 9 i :. _ • - _ _ _ aayal&ue• 2 erren 6 . - Charcoal Gray• vo • MAII 'x ".` 3 Tan ( �. Y Il (ODIC Still MI All colon.standard on Hydnmawc^' AOUAMATIc COVER ysTEMS - rda•,,Irked A-,IP•"adm,d on FZ Cover"' .41 reili.Alr•Ira,kA rants/start tt.,•T ear,br,,,.lnllerl HYDRAMATIC TM r AQUAMATlC pool covers.e -� -- ' •ulubk for all pool shapes �t�ll� Fw,ttungula pooh • A New tiia±:t'.arci in ity u, .?3ittic .'cx n 1� (:c 'crti -=�- '■ L e1r, ♦ M r-- �+ ' 'f1 I Why choose a HYDRAMA77C'"automatic pool cover? i / On the surface,most pool covers look similar but the most important • • '--and costly pan of any pool cover is the mechanism.And the patented - -• Installation.km,.dre,for Installation dlernrr ea for Installation alternatives for 'WETBACKS FILM TRACKS UNDER TRACKS mechanism of the HYDRAMATIC.represents the best value for your x:le,-".,;,_ - laa,amdoe ahvaadre for durable investment.Designed to last the lifetime of your pool,the Iib.+T+' ' --••-� 4"�°'3` 11111 HYDRAMATIC'"is maintenance free,and the most reliable cover sys • �� Technical speci0cadoru tem manufactured with the most extensive warranty in the _ - ' - .. -_-_-_ industry today: ' ,..- q _ - • Unique fluid drive dual motor is fulls'submersible tlta)Q1a14[ '•+� li • No electric near the poolpowerpack(pump)can be placed up to 150 feel away .tea. • Quick and easy to open-takes just 30 seconds on average • Trouble free slider system-the cover closes square every time } • Installation on most pool types and shapes , a Pd. • Leaves and debris are collected when the cover is opened to remove rainwater - - �°" —_-- - —------- • Saves money on chemicals,energy and water loss front evaporation p..yl .ir, 1,-•a • • Pressure relief valves gently stop the corer at end of travel • 20 year limited warrant'on the mechanism .i ._ r. _ �•. 'n5n" !'i + .4 Warranty w For non+eaaryuW pooh _ _ L]. eoverfabrfe''yaws prorated '7 . TOP/aF� [,r.}J -. b worms anw or yob u /• -Y j220 mmI �=-100h iT u- Maa(30 m) ,a n \ 30 fl o12 a.al tract Space Aso a.nl .d +s„ �'�� TT Irma 9 m) t 1 vl�•TIl + \\ Nr` n dm ill =s i.x . �` `` Y0 ® 13n . ' ,+ski. Ly•"[ r\S:-/'. 115m la3a,w,i • - 7 __ ��.,'•;, .. s Conn d Dmnsion 4 ai _.•,,i.:+xtA-.iaiWHf.43a..> r:...k h's:', '.': c..r- ..'4. ," ti's 't�i sLs .,.' '..i,r *.6;7 Wi'"netl ct't Remove rainwater in minutes The patented dual-motor hydraulics `" ` ' of the HYDRAMATICTM' system is a favorite with many award-winning swimming pool builders and highly respected for its 4 reliability and flexibility. This unique fluid r` , , . drive system, developed and patented in • �, �,,� � " a, the early nineties, uses two hydraulic IS,000 g ' 4'"'"a'4 ;=... ' motors: one for retraction and the other for �ru I extension of the cover across the pool, ,0 7 I thereby eliminating all mechanical clutch- �� ' �'"` ;y ' 4111.111111111 la • r". es, shearpins, and braking systems. These f _Y�- same hydraulic components, also used �. extensively in the aviation and marine ,, ' _ - industries, create a totally submersible I 7 3771 . automatic pool cover system. 3 J.wL s4211 Highly innovative, the company pioneered and introduced many other t "''a'I.R automatic cover features common on all major pool covers today such as remote control, safety keylock, limit switches to stop the cover at end of travel, and leading edge slider system, to name a few. The •� '"� company has available a new flush track extrusion for use with non-rectangular° �1 pools. , ' i. \- �, . I tiles>y t. - .� The bench option doubles as a seating area y 's y i t_ ..i—�, r 1 .� .„K y�C'�t _ i , �.I P pack(pump) lust Illlt r-,mot - ___ PL" _.1 remote at pool equipment �• _ '' ;,,',,,.tt.wkai'lt rt.i.,t--.-.1,".`..-,, .:.,;" ,-1,.4.--',,,.',- •..°_t.",_V,.4".,:,4.'-:4,;:;-::i0'-'',-'-.-.#41'',,- h "'"- . 6ta-:: ,,,t `.ti4 fg zr ti o ,,- .ss..s- p-- -- y,. j fiz ,0' ,r i Fate' 4,4 ..ram' ,, } ,,,,if:'?.�+F -, .7: c&t�1'' ii'vni 4n :t l=A-a-- xrrr�• E„ '" 11 r i �`s4 x' i� Z b„' N-4`� h'r #� s Y i w , Cry , .. 'c y` a ,a - -a..� `" * '� k N SS yc S�.lnHs .. .W! 'i � == Authorized Dealer ` t AOI1A MATIC (Ov'EQ •YiiIM3 alIMPEEI AQUAMATIC CAVER SYSTEMS } Manufactured by: AQUAMATIC COVER SYSTEMS USA AS �MEMBER 200 Mayock Rd., Gilroy, CA 95020 U — U UL Tel 408.846.9274 • 800.262.4044 Ct3, Fax 408.846.1060 • 800.600.7087 CE FiAtUT[ LISTED E-mail: info®aquamaticcovers.com Visit us online www.aquamaticcovers.com Available Worldwide Contact us for an office near you i• .)... i y t.5.-S?a�. - f-. . .• ^11 :i +.dde 3 e ' "---• • .' • a ',..-+-- -t' �a _s4s• `- x > �.•'- yR •ew�++mw'r,�'•c >yrCasl'' .' . �, .....-;. lahre ti- ' .y r> 't`_ •.a r-r 4'� a ',; � .,.rs '�'' _#� 5• _ -i - y t' tlI %.f e.44- d ,v"r , • y St 4 � " ,sY �, , 1y".. -,:= ..x Y t r ter o ce Yx " - ..;,, , w .7\ d .., # F r" f - i '# ce,i. ' Y :: #%,4-~ -. " a t� F ( 1 i xNl da -I* Q" K--i $•7> t` r'� %6 f, � ' itc.t ,,,I.-‘.,-,A ""-----"M-1-. •z-Z,',...t„,24,-• -----•-••.--__-• — —-- ,--— .--,-- , ' -.7 • 1 437 April 25, 2006 6 On the above date a Workshop Meeting was held involving the Planning Commission and the New Scandia Town Board. The following Planning Commission members were present: Chair Chris Ness, James Malmquist, Kevin Nickelson, Peter Schwarz, Donnette Yehle. The following Town Board members were present: Chairman Dennis Seefeldt, Michael Harnetty, Blair Joselyn, Nancy Madden. Michael Hinz absent. Town Planner Richard Thompson and Town Attorney Dave Hebert were also present. ADULT ORIENTED BUSINESSES Discussion of the Draft of an Adult Use Ordinance submitted by Town Attorney Dave Hebert included changes and additions to the wording. The ordinance was modeled after three Town Ordinances of surrounding communities. The ordinance cannot prevent their establishment in town, but can discourage their operation. No public hearing is necessary to adopt this particular ordinance, as it is defined as a police ordinance. Preceding adoption of an Adult Use Ordinance, a study needs to be presented to the Ordinance Revision Committee. This study would show the effect on crime in communities where Adult Businesses are present. A report on this study from the Attorney General's office will be obtained. TREE PRESERVATION ORDINANCE In establishing guidelines for tree preservation, it was agreed upon that an ordinance should more clearly state what is needed for the developer of a property to adhere to. A permit for tree removal should be a requirement. It was agreed necessary to have a qualified arborist mark the trees to remain and the engineering firm would do periodic on-site inspections. A penalty for violating the agreement or harming the trees during construction would be assessed. The current ordinance in the Development Code appears in multiple sections.This seems to be scattered and should be combined to more concise wording. Dennis Seefeldt and Peter Schwarz will pull the current ordinance together and also review Forest Lake's Woodland Preservation regulations. The Rural Landscape Preservation Committee will also work with Kathy Widin,an arborist who has written tree codes for other municipalities. Ms. Widin could possibly work as a consultant to revise the current ordinance. DEFINITION OF AN AGRICULTURAL BUILDING As currently defined, an agricultural building can be built for any type of operation. There have been several instances of large buildings being constructed to house three goats or storage for two to three acres of hay, then being used for storage associated with a small business (lumber, semi- trucks and trailers). This type of use is classified as non-compliant. Discussion of the wording that should make this more clear includes that use of an ag building should be tied to the actual farm operation which is tied to the agricultural use of the land. With twenty to forty acre farms, current allowable square footage may not be adequate. It may be necessary to allow additional size through a certificate of compliance, therefore giving a handle on what is being done with the building. But there is also the question of what becomes of these large buildings after the farm operation ceases. The aesthetics of a building was also discussed. Can "hoop buildings"be disallowed?How can the rural character of the town be maintained through the Development Code?Discussion also included how to deal with horse operations. Defining"companion animals"may need to be addressed. Supervisor Dennis Seefeldt and Planning Commission member Kevin Nickelson will further research this issue. A follow-up Workshop will be held May 9, 2006 at 7:00 p.m. Meeting ad urned. i 1 ren a E and New Scandia Township Deputy Clerk r .` , ` New Scandia Township law j' °- a , Conservation Subdivision Draftu."..77., ' b.,,,_ , 4, Bonus Criteria 01K, ,; _: Tii Gavo v �.i:, a j,P� , ,,, MAP 1 41 { °``"`' �` G. Woodlands and Forests t+ �e s , Mil forests 4 Mill woodlands 41,1 7 fK . ; ,_. y .c :�:, '� H. Active Agricultural Lands !1' with Prime Agricultural Soils _ Agricultural ``"' i ® All areas are prime • ,, • ''• •'. Only drained areas are prime 3 Data Source:Metropolitan Council Digital Atlas,MN DNR,MetroGiS 0 0.04 0.08 0.12 0.16 Miles • ;,�, , � ���:'.� -%'� ,� � � �, �/����; :• New Scandia Township /,/f`r' �, r''i f, / ? �/ Conservation Subdivision /./ ✓ //A , ;.!;`�" %,, Draft Bonus Criteria / )-;f ii;' '9. / �f / 11/ 1, i, / %/, /F/F' / Ti G av / ,�j r .� !r ./� MAP 2 (,(:-) /% •. % A i /:>,:fi.,;7 ,-0, �� / / I. Ecologically -- ---.&\:,.\\,\\,:.\\N__, i ,rr, Sensitive Areas '%°r� / 7 DNR Reg. Significant Ecological Areas mot Moderate r •���'�r��///��! � � � High r `f / / ��� / Outstanding Y -s i,/�/,.� 1, % % //fir" ` % :: • �// Surface Water Features \, ---7j. : //F f ,-. % ... J / , // ° Spring r� y , Open Water .>1 ___, rf ,4 / /' National Wetland Inventory Outline 1 // 97/,,,,,-• Stream \___.7 ,e,;.' , "//7„ 0A„..„,,. . ' % • �� ' J. Habitat �/ Metro Conservation Corridors /. p,;%i. \.),,,,.. \, ; County Biological Survey Land Cover ri,.. / - Y /A "` Forested Wetland �/' �r., r i✓i ,"/ '/, Scrub Wetland �/� ✓ ,, r Y s , Wetland Prairie ,✓ 4,/ ,� ,,r. :','2"/42';','//,,,.// ,,,,,.347:47/7/7 ,) I. ',-,),":, 'y /- ,4/./.,V;„/ r •• f .% ,/7/. ' ,�I4/ Data Source:Metropolitan Council Digital Atlas,MN DNR.MetroGIS N � 0 0.04 0.08 0.12 0.16 11 Miles